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Freedom to contract?
Posted: Tue Jul 21, 2015 1:13 pm
by Lawskoolnurd
Hi All,
Does anyone have any info on the limits on the constitutional freedom to contract?
Does unconscionably apply to small businesses etc?
Re: Freedom to contract?
Posted: Tue Jul 21, 2015 1:17 pm
by 071816
I don't even....
Re: Freedom to contract?
Posted: Tue Jul 21, 2015 3:18 pm
by FascinatedWanderer
The constitutional freedom to contract is virtually absolute, and I can confirm that it unconscionably applies to small businesses. See e.g., Lochner v. New York, aff'd by Roe v. Wade; Obergefell v. Hodges.
Re: Freedom to contract?
Posted: Tue Jul 21, 2015 3:21 pm
by yomisterd
FascinatedWanderer wrote:The constitutional freedom to contract is virtually absolute, and I can confirm that it unconscionably applies to small businesses. See e.g., Lochner v. New York, aff'd by Roe v. Wade; Obergefell v. Hodges.
GUYS SCALIA IS ON TLS
Re: Freedom to contract?
Posted: Tue Jul 21, 2015 3:25 pm
by Traynor Brah
FascinatedWanderer wrote:The constitutional freedom to contract is virtually absolute, and I can confirm that it unconscionably applies to small businesses. See e.g., Lochner v. New York, aff'd by Roe v. Wade; Obergefell v. Hodges.

Re: Freedom to contract?
Posted: Tue Jul 21, 2015 4:37 pm
by 071816
FascinatedWanderer wrote:The constitutional freedom to contract is virtually absolute, and I can confirm that it unconscionably applies to small businesses. See e.g., Lochner v. New York, aff'd by Roe v. Wade; Obergefell v. Hodges.
interpretive jiggery-pokery